I've heard rumor that there are patents that cover
certain types of automated suggestive selling. You may
want to have a patent search done to see if your
proposed business may have exposure to any such
patents.
I assume others will adequately cover the copyright
issues, but reserve the right to chime in later.
- "Webb, Jere" <JMWEBB[_at_]stoel.com> wrote:
> * Client operates an online music site where you can
> browse songs, add tracks to your play list, and get
> suggestions for songs you might be interested in.
> Copyright permissions are obtained. Client proposes
> to have a bot "scrape" play lists from other music
> websites (these are all over the web). They would
> not be published or distributed in any way, but
> would merely go into a database that would be used
> to analyze affinities or likely interests of
> listeners. Then when you go to the site you will
> get suggestions on music that might be of interest
> to you, much like amazon does with books. The
> question is, does anybody think these play lists
> enjoy any copyright protection. I conclude that
> they do not. No matter how creative the selection
> process may be, the expression is just an an
> alphabetical list and therefore covered by Feist v.
> Rural Communications (holding the white pages of
> telephone book not subject to copyright protection
> and rejecting the "sweat of the brow" theory of
> protection).
>
>
> Any thoughts, cases etc, relevant to this issue.?
>
> I am aware that my client may need to be concerned
> about website terms and conditions, which sometimes
> impose restrictions beyond what is protected by
> copyrights.
>
>
>
>
>
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Received on Fri Apr 01 2005 - 02:05:00 GMT